Oregon Free Time/Off-the-Clock

Common examples where employer requires work be performed off-the-clock.

1. Bar tender is required to set up till and prepare the bar for opening before signing in to work.

2. Cashier required to count out the till after signing out. Or only gets a limited time to count the till and on some night it takes longer to count than alotted.

3. Employee is required to sign out, then “helps” other employees or management finish the job before leaving.

4. Pre or post-shift meetings are work time. For example safety meetings.

5. Time spent setting up equipment before the official start time of a shift is work time.

6. Time spent by an employee cleaning equipment after the close of a shift is work time. Post-shift time could also include time spent by an employee performing job-related activities on the home. For example an assistant who drops off the day’s mail at the post office or delivers paperwork to a customer or supplier.

7. Work taken home, or performed at home, may be work time. For example, if a telemarketer is to perform research from home different regarding companies to telephone solicit, that time is work time. Similarly, if an employee is regularly contacted at home by telephone for work related reasons, the time spent is work time (and, of course, if an employee is “called back” to work, the time counts as work time).

Wage Claims Caused by Off-The-Clock Work
The following are types of wage claims which can result from an employee performing work off-the-clock:

1. Unpaid Wages. All wages must be paid on payday. Where an employer fails to pay the employee for time worked off-the-clock, those off-the-clock hours remain unpaid. The off-the-clock hours must be paid at the same rate as all other hours worked by the employee.

2. Unpaid Minimum Wages. All minimum wages are due and must be paid on payday. Where an employee is paid at or near the current minimum wage, off-the-clock work often will cause the employee to be paid less than the minimum wage when all hours actually worked are considered. In addition to the unpaid wages caused by the off-the-clock work, the employee could be due up to 30 days of wages for a civil penalty. Minimum Wage Page.

3. Unpaid Overtime Wages. All overtime wages are due and must be paid on payday. Where an employee works at or near 40 hours, and the off-the-clock work causes the employee not to be paid overtime wages for all hours worked off-the-clock, the employee has an overtime wage claim. In addition to the unpaid overtime wages for off-the-clock work, the employee could be due up to 30 days of wages for an overtime civil penalty. Overtime Wage Page.

Wage Claim Attorneys
The lawyers at Schuck Law, LLC focus their law practice on wage claim lawsuits. Our attorneys regularly prosecute Oregon wage claim lawsuits for employees who worked time off-the-clock and was not paid for all time they worked. In addition to the claims for damages outlined above, an employee may also sue to recover their costs, disbursements, and attorney fees incurred in prosecution of the off-the-clock wage claim lawsuit. This allows the attorneys at Schuck Law, LLC to take most wage claim lawsuits on a contingency fee basis. This means, with minor exceptions that are within your control, that our attorneys only get paid their attorney fees if they recover wages for you.